Ingenito

Fedex Ground Package System, Inc. v. Ingenito

Good Law
86 F. Supp. 3d 1121·2015 WL 300736·80 ERC (BNA) 1377·2015 U.S. Dist. LEXIS 7416
United States District Court, Eastern District of CaliforniaJanuary 22, 2015No. 2:14-cv-01038-TLN-EFBCalifornia4,104 words

Opinion

Lead Opinion

Nunley, J.

ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS PURSUANT TO THE YOUNGER DOCTRINE

This matter is before the Court pursuant to Defendants Jackie Lacey, Bonnie Dumanis, Jan Scully and Michael Ramos’s 1 Motion to Dismiss Plaintiff Fedex *1123 Ground Package Systems, Inc.’s (“Fedex”) Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) and the abstention doctrine. 2 (ECF No. 13.) In addition, Defendant Miriam Barcellona Ingénito, 3 acting Director of the California Department of Toxic Substances Control (“DTSC Director”), has filed a Motion to Dismiss the Complaint pursuant to Younger abstention, Declaratory Judgment Act, and Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (ECF No. 17.) Fedex has filed oppositions to both motions to dismiss. (ECF Nos. 24, 25.) All of the moving Defendants have replied. (ECF Nos. 26, 28.) For the reasons set forth below, the Court finds that abstention is appropriate pursuant to Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971), and thus GRANTS Defendants’ motions.

I. FACTUAL BACKGROUND

FedEx is a federally registered motor carrier that operates under U.S. Department of Transportation No. 265752. (Compl., ECF No. 1…

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